How to get a U.S. Employment-Based Immigrant Visas

Immigrating to the United States for permanent work requires navigating the complex system of Employment-Based (EB) Green Card categories. These visas, which lead to Lawful Permanent Residency, are primarily employer-driven but require meticulous attention to qualifications and process. This detailed column breaks down the process, covering everything from finding a sponsor to final application. You can learn more about all Permanent Worker Visas on the USCIS website.

Step 1: Secure a Job and Understand Your Category

The foundation of nearly all work-based immigration is a job offer from a U.S. employer willing to act as your sponsor (petitioner).

How to Find a Sponsoring Job

Start by targeting companies known for hiring international talent. Unlike non-immigrant visas, EB-Green Card sponsorship is for a permanent, full-time position. Job seekers must prove they meet the minimum, legitimate requirements for the role.

Required Degrees and Qualifications (The EB Categories)

The U.S. Citizenship and Immigration Services (USCIS) classifies permanent workers into five categories. The first three are the most common and dictate the required qualifications:

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Step 2: Employer Seeks Labor Certification (PERM)

For most EB-2 and all EB-3 cases, the sponsoring employer must first obtain a certified Permanent Labor Certification, formally known as PERM. This process is overseen by the Department of Labor (DOL) and is the employer’s responsibility. Details on the PERM process are available from the Department of Labor (DOL).

The PERM process ensures that hiring a foreign worker will not adversely affect the wages and working conditions of U.S. workers, and that there are no minimally qualified, available, and willing U.S. workers for the job.

The PERM Process in Detail:

1. Prevailing Wage Determination (PWD): The employer requests a PWD from the DOL, confirming the minimum wage they must offer to the foreign worker.
2. Recruitment: The employer must advertise the job publicly (e.g., in newspapers, on the state workforce agency website) to test the U.S. labor market.
3. Filing: If no qualified U.S. workers are found, the employer files Form ETA-9089 (Application for Permanent Employment Certification) with the DOL.

Step 3: Employer Files the Immigrant Petition (Form I-140)

Once the PERM application is certified (or if the category is exempt, like EB-1), the employer moves to the immigration step.

• The employer files Form I-140, Immigrant Petition for Alien Worker with USCIS. Access information for this form on the USCIS Form I-140 page.
• The date USCIS receives the Form I-140 (or the date the PERM was filed) becomes the applicant’s Priority Date. This date is critical for determining when an immigrant visa is actually available (Step 4).

Required Documents for the Petition (I-140):

• Certified PERM Labor Certification (if required).
• Evidence of the foreign worker’s qualifications (academic transcripts, degree certificates, experience letters).
• Evidence of the employer’s ability to pay the offered wage.

Step 4: The Visa Wait and Availability

After the Form I-140 is approved, the applicant must wait for their Priority Date to become “current” based on the monthly Visa Bulletin issued by the Department of State. This wait time can range from a few months to many years, depending on the applicant’s country of birth and EB category.

Step 5: Final Application for Permanent Residency

Once the visa number is current, the applicant files the final application to receive the Green Card:

• Adjustment of Status (AOS): If the applicant is already physically present in the U.S. in a legal status, they file Form I-485, Application to Register Permanent Residence or Adjust Status with USCIS.
• Consular Processing (CP): If the applicant is outside the U.S., they apply for an immigrant visa at the U.S. Embassy or Consulate in their home country, which includes a mandatory visa interview and medical examination. You can check the full scope of Green Card Eligibility Categories on the USCIS website.

Required Documents for the Applicant (I-485/CP):

• Valid Passport
• Birth Certificate
• Police Clearance Certificates (from all countries of residence)
• Medical Examination Report (Form I-693)
• Photographs
• Evidence of fees paid
• Approved Form I-140 Petition